SPECIAL BUSINESS CONDITIONS OF REHAU AG + CO OTHER EQUIPMENT

SPECIAL BUSINESS CONDITIONS OF REHAU AG + CO  OTHER EQUIPMENT
SPECIAL BUSINESS CONDITIONS OF REHAU AG + CO
FOR THE PURCHASE OF PLANT EQUIPMENT, MACHINERY, TOOLS AND
OTHER EQUIPMENT
These special terms and conditions apply in conjunction with the REHAU conditions of
purchase. Insofar as these special agreements contain any deviations from the
general conditions of purchase, the special agreements shall apply.
I.
Safety and accident prevention
1.
Supply of goods on the basis of this contract is to be carried out in compliance
with all current statutory regulations and valid safety and accident prevention
regulations applicable in the recipient country in accordance with the existing
standard of technology. The supplier is wholly responsible for the obtaining and
fulfilment of such regulations and will inform REHAU of any existing and future
prohibitions or limitations of application in the recipient country with regard to the
use of components and operating resources for the plant equipment, machinery,
and other equipment. All load securing regulations, such as VDI 2700 BI. 5, are
to be observed.
2.
3.
4.
Wheresoever the recipient country is not known to the supplier, EU safety
regulations and the current trade association regulations applicable in Germany
shall apply, in particular, Section 3 BGV B3 (trade association regulation) “Noise”,
inclusive of all implementation regulations. The supplier is wholly responsible for
obtaining and fulfilling such regulations. In this respect, reference is expressly
made to the German Equipment Safety Law (Gerätesicherheitsgesetz).
The delivery object may not, under any circumstances, exceed an A-weighting
sound-pressure emission level at the workplace (workplace emission value) or
exceed a measurement area sound level of 75 dB (A) at a measurement distance
of 1m (1m measurement area sound level).
The supplier undertakes to comply with all statutory regulations, directives and
guidelines currently applicable in accordance with 1 and 2 above, in addition to all
recognised technical standards such as CE, DIN and VDE standards and any
commensurate standards in force in the recipient country.
5.
For reasons of safety, with respect to any work carried out by the supplier at the
REHAU plants, REHAU will appoint a coordinator who shall also have authority to
issue instructions insofar as safety issues are concerned.
6.
The contractor is obliged to observe all information provided in the appended
safety information sheet “Preventative fire precautions at the installation site”.
7.
Within his business organisation, the contractor is to observe the requirements of
an up-to-date environmental protection programme within the meaning of ISO
14001.
II.
Documentation, operating resources, paint
1.
Deliveries are to be accompanied by the following documents in both German
and the language of the recipient country:
a)
b)
c)
d)
e)
2.
3.
4.
two copies of both the operating instructions and replacement part lists;
Hazard analysis according to EC Machine Directive 98/37/EG of 22.6.1998.
a list of the most important wearing parts with details of prices and part
numbers;
in duplicate
- workshop drawing for installations (water, air, gas)
- installation plan
- electrical circuit diagrams;
maintenance check lists, comprising
- sectional drawing with up-to-date position numbers and parts lists
- details of maintenance regularity
- details of maintenance period
- number of employees required to carry out such maintenance work.
5. Insofar as the delivery object constitutes a product made from polymer materials,
the supplier is to use REHAU products wherever possible.
III. Acceptance
1.
Acceptance will be effected by REHAU in the presence of the supplier following
successful start-up (production readiness) and/or operational performance at the
plant of installation. Subsequent to the effected acceptance, a transfer document/hand-over report is to be compiled in which any defects ascertained are to be
recorded. This report is to be signed by the supplier and the REHAU plant manager/sales office manager/department manager. Any defects ascertained are to be
immediately rectified by the supplier free-of-charge.
2.
With respect to machinery/equipment for which the parties have foregone acceptance, the deadline for notification of complaints of obvious defects is 3 weeks from
initial operation or, in the case of hidden defects, from discovery of the fault. The
same shall apply wheresoever acceptance cannot be effected on schedule for reasons occasioned by the supplier.
3.
Machinery/plant equipment/other pieces of equipment are to be handed over by a
supplier’s technician who will also provide commensurate instruction insofar as this
appears necessary or prudent. No additional costs shall be incumbent upon
REHAU for any such action.
IV. Warranty
1.
The warranty period for all deliveries and services is 2 years following acceptance.
For the remainder, the REHAU conditions of purchase apply.
2. The supplier guarantees to supply machinery in perfect working order in addition to
services as described in the offer.
3. Prior to start-up of machinery, attention is to be given to ensuring that all lubrication
points and drive elements are lubricated with the stipulated grease and/or oil.
4. The supplier expressly guarantees that replacement parts for corresponding
machinery will be available ex-stock, thus at short notice, for at least 10 years.
5. Insofar as not manufactured according to REHAU drawings, the supplier accepts
liability for ensuring that all plant equipment/machinery/other pieces of equipment
supplied on the basis of this contract do not infringe any domestic or international
industrial property rights.
V. Parts supplied by REHAU
Wheresoever REHAU provides the supplier with parts for use in manufacturing the
goods for delivery, these parts are to be inspected upon receipt against the parts
list, drawings and order copies for dimensional accuracy, specification and defects.
The initialled order copy is to be returned to REHAU without delay; should this not
be the case the parts will be deemed to have been approved as defect free.
VI. Results of work, construction documentation
1. Insofar as the delivered goods are produced on the basis of drawings for REHAU,
REHAU is entitled to all rights to know-how and other knowledge (results of work)
developed by the supplier; in particular, this applies to the unrestricted, exclusive
right of use, copyright of calculation documentation, drawings and software etc..
Wheresoever software is integrated into the goods for delivery, or is otherwise part
of the delivery, the supplier is obliged to provide all source codes to facilitate unrestricted, exclusive use by REHAU. Insofar as the results of work or parts thereof
are capable of protection by industrial property rights, REHAU alone is entitled to
these new industrial property rights.
2. Wheresoever construction documentation and the like is produced by the supplier
with regard to the goods for delivery, REHAU shall hold title to all such documentation. Upon request, the supplier is to hand over this documentation to REHAU.
Company names and insignias marked on delivery objects are to be covered or
REHAU expressly reserves the right to forward the documentation to third parties.
otherwise rendered unrecognisable. This does not apply for identification plates.
The supplier is not entitled to use the documentation etc. without written authorisaAt the latest, upon submission of the order confirmation, the purchaser is to be
tion from REHAU. In this respect, however, REHAU may not arbitrarily withhold auadvised of the oil-type used to initially fill the machine. In addition, the contractor is
thorisation.
obliged to submit a transliteration of the oil used in relation to the products of the
VII. Performance of workmanship
more general suppliers Aral, BP, Fuchs and Shell.
Compliance with all tolerances, work specifications, material specifications, manuAll painted parts are to be coated with rust protection and a suitably coloured
facturing processes and their sequences stipulated in the design documentation is
primer prior to painting. Sheer finished parts are to be galvanically treated. Parts
to be ensured. Modifications are only permitted subject to consultation with REHAU
not to be painted or coated with primer are to be treated with rust protection prior
and are only permissible where complete operability is maintained despite the
to delivery. Blueing is not rust protection. A generally accepted commercial spray
modification. Authorisation of any modification is only effective where issued in writand not oil is to be used. Spindles may also be greased. Colouring is principally to
ing.
match the REHAU corporate design in accordance with specific agreement in the
order.
3340 EN 12.12
PREVENTATIVE FIRE PRECAUTIONS
AT THE INSTALLATION SITE
Through providing the utmost care and attention, all employees are obliged to contribute to the prevention of fires and
other damage-entailing events, and are to ensure that they are fully informed regarding all fire risks on this site and within
its vicinity as well as the codes of practice in the event of hazardous situations.
Order and cleanliness are an important prerequisite for the prevention of fire. In particular, the following is to be observed:
1.
Smoking bans and prohibitions relating to conduct with open fire are to be implicitly observed.
2.
Matches and tobacco remains must only be disposed of in non-flammable ashtrays. These ashtrays must not be
emptied into waste paper baskets or waste bins containing or made from combustible materials.
3.
Flammable liquids may only be handled exclusively in accordance with the applicable instructions for use.
4.
Defects in fire prevention facilities and damage to electrical installations or indications of such (flickering light, smouldering or burning smells etc.) are to be rectified immediately.
5.
Burnt-out fuses, defective power points and cables may only be repaired by qualified personnel.
6.
Means of access and corridors in buildings and outside – especially exit and rescue routes and setting-up areas for
the fire service – are to remain permanently and completely free of obstruction.
7.
Doors and gates located in fire walls (generally marked as fire doors) must not be blocked with auxiliary items while
open. The self-closing function of door locking systems must not be impeded.
8.
Any work involving heat or flame (welding, soldering, abrasive cutting etc.) undertaken outside the designated areas
for such require written authorisation (fire authorisation certificate).
9.
Upon completion of work the following measures are to be observed:
- switch off lights and all electrical devices, insofar as no special operation authorisation applies
(safety equipment, telecommunications facilities and fire alarm systems remain continually in operation and are not
to be switched off.)
- properly dispose of combustible waste
- close all doors and windows – particularly doors between fire compartments that are held open with locking devices
during working hours.
3340 EN 12.12
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